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Texas AG Sues EEOC Over Hiring Guidelines

// Dallas, Texas, United States // Attorney Keith Clouse (Press Release) // Keith Clouse

The Texas Attorney General recently sued the United States Equal Employment Opportunity Commission. The lawsuit alleges that the EEOC’s hiring guidelines limit employers from excluding convicted felons from employment. The guidelines state that an employer’s reliance on an individual’s criminal history information in making employment-related decisions may violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964.

According to the Texas Attorney General, certain state agencies have enacted policies that require criminal background checks to ensure convicted felons do not hold positions of public trust. If these agencies followed the hiring guidelines promulgated by the EEOC, they could not categorically exclude convicted felons for certain jobs. Among other relief, the Texas Attorney General requests a declaratory judgment finding the EEOC’s guidelines are unlawful and setting them aside.

While this lawsuit focuses on state agencies, the EEOC’s hiring guidelines apply to other employers, too. Because the EEOC claims that it will investigate and prosecute employers who use felony convictions as an absolute bar to employment, other employers subject to Title VII are following legal developments in this lawsuit. To learn more about legal hiring practices, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.

Contact Keith Clouse

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722 214.220.3833 ( fax) keith@clousedunn.com

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